Power of Attorney
We can live life as carefully as possible, but one never knows when misfortune may strike. We may not be able to change the future, but we can prepare for it. Many of us have insurance in case we become physically unable to act, but what about situations where we are mentally incapable of acting? A Power of Attorney is a legal document that allows another person, of your choosing, to act on your behalf. There are three types of Powers of Attorney in Ontario:
- Limited Power of Attorney
- Continuing Power of Attorney
- Power of Attorney for Personal Care
Limited Power of Attorney
A Limited Power of Attorney authorizes someone to act on your behalf to manage all or some of your finances and property. It is usually used in business or on a short-term basis. You decide the limitations and duration of the powers granted. The Limited Power of Attorney can only be used while you are mentally capable. Should you become mentally incapable of managing your affairs, it would cease to be valid.
Continuing Power of Attorney
A Continuing Power of Attorney is much like the General Power of Attorney, but it will allow the attorney that you choose to continue acting on your behalf should you become mentally incapable. You may also specify that this power will only take effect if and when you become mentally incapable.
Power of Attorney for Personal Care
A Power of Attorney for Personal Care allows you to choose who will make decisions about your health care or medical treatment if you are unable to make those decisions for yourself. This type of power only takes effect if and when you become mentally incapable. You can also include your wishes with regard to certain treatments or procedures. The Power of Attorney for Personal Care is not the same thing as a Living Will or an Advanced Healthcare Directive because it does more than just state your wishes – it grants someone the power to act on those wishes.